Crafting A Lasting Legacy: Key considerations for writing a will in India

 IN AN ERA OF growing family complexities and asset diversification, a well-drafted will remains the cornerstone of estate planning in India. Yet, many overlook its nuances, leading to disputes that clog courts for years. As per the Indian Succession Act, 1925, a will ensures your wishes prevail post-demise, but only if executed thoughtfully. With rising property values and financial instruments like mutual funds and demat accounts, ignoring these steps can unravel your legacy.

Start with eligibility. You must be over 18 and of sound mind. Hin­du, Buddhist, Jain, or Sikh families fall under the Hindu Succession Act, 1956, allowing testamentary freedom for self-acquired property but imposing Class I heir shares for ancestral assets. Muslims follow Sharia-based personal laws, limiting wills to one-third of the estate. Christians and Parsis adhere to the Indian Succession Act. Always specify if property is self-acquired to avoid claims.

Choose a trustworthy executor—ideally a family member or profes­sional—who handles probate. Name alternates to prevent delays. For minor children, appoint guardians explicitly; courts otherwise decide, often contentiously.

List all immovable property (with clear titles), bank accounts, shares, jewellery, and digital assets like cryptocurrencies or online accounts. Update for post-2020 demat mandates and NPS pensions. Exclude joint assets, which pass by survivorship.

Wills don’t evade inheritance tax (none currently), but specify debt settlements. Include provisions for ongoing liabilities like loans or EMIs to shield heirs. Sign in the presence of two attesting witnesses (not beneficiaries). Register with the sub-registrar for evidentiary strength, though optional. Holograph wills (handwritten) are valid but riskier. Ambiguous language often sparks litigation—so use precise descriptions. Review every 5-10 years for post-life events like births or divorces. Conditional bequests (for instance, “if married”) often fail. Consult a lawyer for customisation, especially in blended families or NRIs. A robust will not only honours your vision but safeguards your loved ones from prolonged grief.